QUESTION: I am 6 months pregnant and I went to a local gas station, Texaco, and bought a honey bun. As I was eating the honey bun, a co-worker saw me and snatched it from me because there was mold all over the back. There was no expiration date at all. I let the manager know about this and his response was that I should have looked at it before I ate it. He was really rude. I also went to the ER and got medicine. I have a doctor’s.
QUESTION: I want to sue my employer for pain and suffering due to negligence (unsafe work environment). They knew I have already been injured twice and more than 2 supervisors were involved in putting me in another unsafe work environment, causing a third injury to my back. This injury resulted to pain that I will bear for the rest of my life, loss of my job, and daily life as I knew it. When I filed for worker’s compensation, the employer changed the injury date, causing more grief. I want.
QUESTION: Can I sue and EMS company for telling me I am fine to go home after a car accident? They told me I’m fine so I went home. But 45 minutes later I had to be rushed to the ER for an emergency C-section because my baby’s heart rate kept dropping. ANSWER: Parents may have a cause of action for “wrongful birth” against a medical professional whose negligence led to an undesired birth … even if the child is born healthy. Medical professionals clearly owe a duty to patients.
QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.
QUESTION: Several months ago I fell in a department store, shattering my shoulder and re-injuring my left elbow. Both of these injuries required surgery, with a good possibility of more surgery necessary. Insurance covered a good portion, but I’m already on SSA help with what’s left. How likely are falls in stores settled? ANSWER: Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show.
QUESTION: I traveled to the Dominican Republic and stayed in a motel room which had both an AC unit and a ceiling fan. Both were turned on when I checked in, and it was too cold. So I stood up to turn off only the AC. As I pressed the button and it did not work, I stood on the bed to try again. When I stood on the bed, I hit my head on the rusted metal ceiling fan which resulted to 3 stitches. I went to the hospital.
QUESTION: If I rode a dirt bike on a country road and got hit head-on by a truck, am I at fault? The road had no dividing lines and the truck was travelling very far to the left, preventing safe passage. The rider of the bike was seriously injured. The accident report stated that the rider slid into the truck, but that is completely false, because the truck hit the dirt bike and the rider in an upright position. ANSWER: You may be proven not at fault provided you were.
QUESTION: Is the landlord liable if I get shocked by an exposed electrical wire after the landlord told me to jiggle wires to get the air conditioner working? He lives out of state. I am currently awaiting a heart transplant and have an implantable cardiac defibrillator (ICD) in me. The electrical shock disrupted my ICD unit and needed to be replaced 2 weeks later, which cost about $90,000. ANSWER: Your landlord may be held liable for damages if you can prove that he was negligent when he advised you to.
QUESTION: I fell in a restaurant because of a poorly marked step-down. Is there a time limitation for pursuing the damages for the injuries? What are the steps I should take? ANSWER: Generally, there is a two-year time limitation for filing a suit for personal injury or negligence (CCP § 335.1). It is very important to take note of this because one may not be able to recover once the 2-year limit has passed. At the soonest time possible, the victim should do his/her best to preserve evidences related to.
QUESTION: I was shot in a bar a little over 2 years ago, after an argument with another person. Is it too late to file a personal injury lawsuit? ANSWER: Generally, the statute of limitations for a personal injury claim, such as assault, battery, or injury caused by negligence or wrongful act of another, is two years from the time the cause of action has accrued (CCP § 335.1). Ordinarily, a cause of action “accrues” when, under the substantive law, the wrongful act is committed and the liability arises.
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